Our commitment to promoting a thriving legal sector was at the heart of our new five-year strategy, which set out how we will both support our members to help them succeed, despite the ongoing challenges they face, and ensure we are a strong regulator. Importantly, it was developed by drawing on the experience and insight of the profession, recognising the crucial role they play both in the work of the Law Society and in our wider society.
Critical among those roles is the provision of legal support for the most deprived in our communities, often during some of the toughest times of their lives. While the Scottish Government announced an increase in spending across both criminal and civil legal aid during the year, the funding, due to be released in 2023, is likely to prove little more than a short-term sticking plaster given the deep-rooted damage to the system caused by a generation of underfunding. Worryingly, an analysis carried out for the Law Society showed that thousands of our poorest families face the prospect of representing themselves in court due to a chronic shortage of civil legal aid firms, with 139 of the most disadvantaged communities in Scotland, resident to around 100,000 people, sharing just 29 practices between them. A long-term viable solution needs to be found and our work on the issue will continue under my successor Sheila Webster.
Likewise, some progress was made tackling the backlog of cases built up in our courts during the Covid-19 pandemic. But the issue continued to present a serious challenge, with the backlog not expected to be cleared until 2026 – and then only if the appropriate resources are in place. We will continue making the case for essential investment to the Scottish Government. Every delayed trial, delays justice.
During the period covered by this annual report, we submitted our response to the government’s consultation on reform of legal services regulation. Much of the existing legislation covering the regulatory system is out of date and unfit for purpose. We continued to press for a new Bill to reform and modernise the regulatory framework, which will better protect consumers and allow the legal services market to thrive, with the Law Society continuing as the regulator of Scottish solicitors, as proposed in our response to the consultation.
Undoubtedly, one of the most rewarding aspects of my role has been getting back out around the country during roadshows and other events, meeting members face to face and listening to their needs and concerns. One particularly troubling issue they have raised is the threats, harassment and, in some cases, violence that solicitors face as they carry out their work, which we condemn in the strongest terms. In response, our Council agreed that work should be carried out to quantify the extent of harassment and abuse, with consideration also given to what further action may be necessary to support our members’ wellbeing. One solicitor abused just for doing their job is one too many.
That’s why the Council published a motion in October last year condemning all forms of abuse against the profession. We are committed to calling this out wherever we see it.
The legal profession has a special duty to stand up for the rule of law. I was very proud therefore that the Society’s Council also passed a motion reaffirming its condemnation of the illegal invasion and expressing profound sympathy with the people of Ukraine. Scotland’s legal sector has welcomed and provided a sense of community to more than 80 Ukrainian lawyers who have sought refuge here. While I had many memorable experiences as President of the Society, I was incredibly humbled to become an honorary member of the Ukrainian National Bar Association alongside other members of the Society and the Faculty.
Finally, I would like to thank all of my Council colleagues for their support and our committee and working group members for all the work they carry out on behalf of the profession and the public; supported by Law Society colleagues, the time and expertise they contribute are invaluable.